Fortune Cookie Finance - Learning Lessons From Financial Fallout

Fortune Cookie.jpg

While preparing for a recent keynote speech about stable value fund risk management, I took a dinner break at a local Chinese restaurant. After a satisfying meal, I reached for the fortune cookie. Lo and behold, the message eerily resembled the nature of my talk that was scheduled for the following day.

"All things have a cause. Look into your past for answers."

While I am not a big believer in relying on historical performance numbers as a bellwether for future returns, it is reasonable to question what went wrong n the last few years. Indeed, lessons learned about risk management failures and how investors should better protect themselves going forward are sunny spots in an otherwise gloomy economic climate.

Here are a few of my favorite strolls down memory lane with hopes that organizations will use the rout of the last several years to improve their existing oversight structure and risk controls.

  • Numbers are only as good as the inputs and assumptions used to create them. Additionally, risk management goes well beyond numbers. How many hedge funds had terrific Sharpe Ratios in 2008 and 2009 but lousy operational or financial stop-loss points?
  • Use independent third party vendors to kick the tires on mark-to-market or mark-to-model numbers for hard-to-value positions. U.S. and non-U.S. regulators have been none too shy about making their concerns about the integrity of valuation reports, indicating that statutory mandates are coming our way in short order. 
  • Ask questions if performance appears too steady or too robust. Unless an asset manager is artificially smoothing out returns, investors should expect some bumps along the way. No one gets the trades right all the time.
  • Institutional investors should ask to meet with an asset manager's Chief Risk Officer, demand to read the fund manager's risk management policy statement and understand how traders are compensated. The goal is to avoid investing with cowboy (or cowgirl) traders who are motivated to take unnecessary risks because their bonuses are tied to inflated performance numbers.
  • Ask about how leverage is measured and managed. The use of other people's money, whether through borrowing, short selling, margin transacting and/or use of derivatives, has pros and cons. In bad times, leverage is your worst enemy because it magnifies losses. Moreover, a highly levered position(s) could force cash outlays at a time when available cash is limited and the ability to borrow more money is nigh impossible or extremely costly.
  • Banish the term "risk-free" from your investment lexicon. Nothing is risk-free. Even putting money under one's mattress is risky if the house goes on fire. Countless investment vehicles have been touted as "low risk." Expect unhappy investors to seek redress from asset managers, advisors and consultants if performance is negative or sub-par. The tolerance level for sloppy risk management, post Madoff, is low.

Future posts will discuss other aspects of investment best practices and financial "no no's." In the meantime, early February 2011 marks the Year of the Rabbit and a time for caution about investing. Embracing an enterprise risk management focus is sure to go a long way towards calming a fear of the unknown.

Will Public Panels Enhance Financial Arbitration?

Gavel.jpg

According to the NASDAQ web site, the Financial Industry Regulatory Authority ("FINRA") has pledged to push for all-public arbitration panels in short order. Their stated goal is to encourage investor confidence in the way this independent regulator oversees its nearly 5,000 brokerage firms and roughly 637,000 registered securities representatives. Critics cry foul, citing the need for seasoned and knowledgeable industry executives to participate in the arbitration process. Others suggest that a public adjudication might encourage rapid settlements and unfairly harm the reputation of a particular advisor or firm.

Securities Lawyer Blog reports that FINRA's pilot program resulted in about one of every two cases going to an all-public arbitration panel for nearly 600 cases heard in the last twenty-four months.

I understand the need for transparency. However, having served as an expert witness and complete FINRA's dispute resolution training a few years back, I think some cases are going to be difficult to conclude unless all parties understand what are often complex financial issues. Whether members of the public who are not involved in the investment industry can bring that type of knowledge to the situation remains to be seen.

Securities Lawyer Blog reports that FINRA's pilot program resulted in about one of every two cases going to an all-public arbitration panel for nearly 600 cases heard in the last twenty-four months. In its Q&A, FINRA cites various metrics used to evaluate the pilot program. They include the "percentage of eligible investors who choose to participate in the Pilot Program; percentage of investors who choose an all-public panel after electing to participate in the Pilot program; results of Pilot Program and non-Pilot Program investor cases, including the percentage of cases that settle before award and how quickly they settle; length of hearings; and use of expert witnesses in Pilot Program and non-Pilot Program cases."

For those interested in reading more about working with financial experts, click to access "Tips From the Experts: Working Effectively With A Financial Expert Witness" by Susan Mangiero, Expert Alert, American Bar Association, Section of Litigation, Summer 2008.

Editor's Notes: